Chapter 1: Real estate licensing. Key Terms Flashcards
Real estate license act
Title 45, ch 15
Laws governing the practice of real estate in New Jersey
Administration Code
Title 11 Chapter 5
State rules and regulations for real estate licensees.
NJ Realestate Commission
A division of the department of banking and insurance.
Composed of 8 members.
5 Realestate brokers who have been licensed for at least 10yrs.
2 from the general public.
1 state representative. All members serve 3 yrs, except government representative who serves at the pleasure of the governor.
BROKER
Authorized to operate a Realestate business.
Every RE. Co. must have 1 person who is the authorized broker for the company also known as the “broker of record”
Individual licensed to charge the public for real estate services.
SALESPERSON
Needs a sponsor who is a broker of record
Will do business under the name of the co ie. Weichert realty co.
A person licensed to assist a broker and real estate transactions.
BROKER SALESPERSON
One who has fulfilled all of the requirements of a broker yet chooses to work in a sales capacity for and in the name of another broker.
REFERRAL AGENT
Is allowed only to refer prospects for brokerage services to the supervising broker or the brokers designate.
Exemptions
Owners handling their own property can sell “for sale by owner”.
Attorneys, banks, trust companies and insurance companies do not need a license to sell.
Payment for service
To collect a commission you must be licensed.
A broker may share commissions only with his or her associated sales person and referral agents or with another referring broker.
Finders fees money or gifts to unlicensed person who referred buyers or sellers is forbidden a broker however is allowed to pay other brokers.
Unlicensed assistants
Are prohibited from these activities:
Show property, answer any questions about the listed property, make cold calls by phone or in person, seeking business from potential listers, purchasers, tenants or landlords.
Discuss or explain a contract or any other state document.
Make telephone calls for rent collection, host open house or promotional boots, distribute promotional materials, or attend a home inspection.
Qualifications for a real estate license.
Be 18 years of age or older.
Successfully complete a 75 hour prelicensing course.
Pass the state exam.
Be sponsored by a licensed real estate broker to activate their license.
Qualifications for a brokers license.
Person must be 18 years or older, served three years full-time as a licensed salesperson: successfully completed 150 hours of study consisting of 90hrs of general broker prelicensing course, 30 hrs on brokers ethics and a 30 hrs of office management related topics.
Pass the state exam.
Change of status
A broker can change the status of a broker salesperson or sales person to that of a referral agent for a $50 fee.
Time limit on application.
One year from the completion of the pre-license course.
Non-residents
Someone that does not live in the state of New Jersey.
They can obtain a New Jersey real estate license after qualifying in the usual way and filing consent to be sued in the state.